Judgement

Appeal (No. 75 of 1930) from a decree of the Chief Court of Oudh in its appellate jurisdiction (April 29, 1929) which partly affirmed and partly reversed a decree of a single judge of that Court.

The respondent instituted a suit against the appellants claiming a declaration that he had been validly adopted by one Mahabir Bakhsh Singh, and that a deed of gift by the first appellant to the second appellant was not binding beyond the lifetime of the donor. Both Courts in India had held that the adoption was valid.

The question whether the deed of gift was valid beyond the lifetime of the donor depended upon whether under grants made by the Government in 1871 and 1875 to two brothers, they took jointly with survivorship or severally.

The facts appear from the judgment of the Judicial Committee.

As to the effect of the grants the Appellate Court (Stuart C.J. and Wazir Hasan J.), reversing the trial judge (Pullan J.), held that the grants conferred on each of the brothers an estate of inheritance. In the result the plaintiffs claim was allowed upon both points.

1932. Nov. 29. De Gruyther K.C. and Wallach for the appellants.

Sir Dawson Miller K.C., Dunne K.C., and Jinnah for the